The Three Forms of Clemency

Within
the criminal justice system, there is a judicial act that is referred
to as “clemency.” There are three primary forms of clemency: 1) a
reprieve, 2) a commutation of sentence, or 3) a pardon. Continue reading
to learn what clemency means for a convict, and how each type of
clemency works.

Clemency is another term for mercy, leniency, or forgiveness.
In the criminal justice system, it applies to convicted individuals who
are serving jail or prison time. It is an act that can only be
conducted by an executive member of government; under state law it would
be the governor, and under federal law it would be the President of the
United States.

Clemency extends leniency to convicted inmate by
offering opportunities for reduced imprisonment. As mentioned in the
introduction, there are three forms of judicial leniency, which include
reprieves, commutations of sentences, and pardons.

Reprieves

A
reprieve is offered to certain qualifying inmates to suspend the
execution of their sentence in order to give them more time to have
their sentence reduced. You see this form of clemency most often in
capital cases, where an inmate is facing the death penalty. By granting a
reprieve, the inmate has more time to appeal the capital punishment
sentence.

Commutation of Sentence

A
commutation of sentence is a form of clemency that reduces a defendant’s
sentence to a lesser penalty or jail term. Most often, this is applied
toward defendant’s whose sentence is imprisonment. Although this form of
clemency reduces or suspends a defendant’s jail time, it does not annul
the actual conviction.

Pardons

It is
common to hear of pardons in the movies and on television, but in real
life, pardons are incredibly rare and much more formal. In a basic
sense, a pardon forgives a convicted individual of their crimes and
penalties. Pardons can only be granted by a head of state or top
government official. They are generally only awarded when a convicted
individual has paid their “debt to society”, or is somehow worthy of
being forgiven for the crime. Pardons do not void the conviction; they
simply let the individual off the hook after they have done their time
and paid the price of committing the crime.

Qualifications for Clemency

Clemency
is often reserved for humanitarian purposes. For example, if an inmate
is incredibly old or in need of extensive medical care, they may be
granted clemency for their crimes. In other examples, clemency may be
granted to those whose sentences were excessive, or whose guilt was
surrounded by doubt. Of course, there are times when clemency is granted
as a favor to an executive’s political friends or associates.

Clemency Petitions

Inmates
must request clemency via application or petition. Before these
petitions are reviewed by a head of government, most states require the
applications to be filed through a reviewing agency, such as the State
Board of Pardon and Parole. Talk to your trusted criminal defense lawyer
for help understanding your rights to sentence leniency.